300

APPLICABILITY

300.1

Except as exempted from the requirement to obtain a permit under § 300.3 and elsewhere herein, the following sources shall be subject to the permitting requirements under this chapter:

1. (a) Any major source;
2. (b) Any source, including an area source, subject to a standard, limitation, or other requirement under § 111 of the Act;
3. (c) Any source, including an area source, subject to a standard or other requirement under § 112 of the Act, except that a source is not required to obtain a permit solely because it is subject to regulations or requirements under § 112(r) of the Act;
4. (d) Any affected source; and
5. (e) Any source in a source category designated by the Administrator pursuant to 40 CFR § 70.3.

300.2

In the event that this chapter conflicts or is inconsistent with other requirements of the air quality regulations of this title, this chapter shall supersede for sources subject to its provisions.

300.3

The following source category exemptions shall apply:

1. (a) All sources listed in § 300.1 that are not major sources, affected sources, or solid waste incineration units required to obtain a permit pursuant to § 129(e) of the Act, are exempt from the obligation to obtain a Part 70 permit unless required to do so under applicable requirements, or future rulemaking by the Administrator, but any such exempt source may apply for a permit under this chapter;
2. (b) If the Administrator decides to terminate the exemption of certain nonmajor sources when adopting standards or other requirements under § 111 or 112 of the Act after July 21, 1992, the nonmajor sources shall become subject to the permitting requirements in accordance with the standard or other requirement adopted by the Administrator;
3. (c) All sources that obtain a permit with a condition pursuant to § 200.6 that allows the source to avoid the applicability of § 300.1, and pay the associated fees pursuant to § 305.5, commonly referred to as a “synthetic minor” permit, are exempted from the requirements to obtain a Part 70

permit; and

(d) Sources in the following source categories shall be exempted from the obligation to obtain a Part 70 permit:

(1) All sources in source categories that would be required to obtain a permit solely because they are subject to 40 CFR Part 60, Subpart AAA - Standards of Performance for New Residential Wood Heaters; and

(2) All sources in source categories that would be required to obtain a permit solely because they are subject to 40 CFR Part 61, Subpart M - National Emission Standard for Hazardous Air Pollutants for Asbestos, 40 CFR § 61.145, Standard for Demolition and Renovation.

300.4 The emission units covered in a Part 70 permit shall be determined as follows:

(a) For major sources, the permit shall include all applicable requirements for all relevant emissions units in the major source; and

(b) For any nonmajor source subject to this rule under § 300.1 and not exempt under § 300.3, the permit shall include only the applicable requirements which apply to emissions units that cause the source to be subject to the requirement to obtain a permit under this chapter.

300.5 Fugitive emissions from a covered source shall be included in the permit application and the permit in the same manner as stack emissions, regardless of whether the source category in question is included in the list of sources contained in the definition of major source.

SOURCE: Final Rulemaking published at 40 DCR 8105 (November 19, 1993); as amended by Notice of Final Rulemaking published at 67 DCR 6789 (June 5, 2020).